Terms and Conditions for Service Providers
1. About us
1.1 Sky Global & Associates Limited (“we”, “us” or “the Company”), is a company
registered in the Hong Kong Special Administrative Region (“Hong Kong”) with
company number 1438345 and our registered office is at Level 35, Two Pacific Place,
No. 88 Queensway, Admiralty, Hong Kong. We operate the website:
https://www.skyglobal.associates
1.2 We own and operate an online platform through which details and credentials of various
service providers are made available to audience and members (the “Associate(s)”) of the
Company. The online platform is accessible to Associates and friends through websites,
mobile applications, email and other means (collectively, the “Platform”).
1.3 To contact us telephone our customer service team at (852) 9303-3652 or e-mail:
info@skyglobal.associates.
2. Our agreement with you
2.1 The following are the terms and conditions (the "Services Agreement") for the access
and use of the Platform. A provider of services or products (‘‘Service Provider”, “you”
or “your”) is any independent business owner or Service Provider who is approved by the
Company and registers to provide services and/or products (the “Services”) through the
use of the Platform, to the participants and Associates. The Platform through its
applications and websites, may be provided or be accessible via multiple websites,
devices, operating systems, and other means, whether owned and/or operated by us or by
third parties, including, without limitation, the website: www.skyglobal.associates.
2.2 By accessing or using the Platform or signing this Services Agreement, you agree that
you have read and agree to all terms in this Services Agreement. Upon your acceptance of
the terms of this Services Agreement, you agree that you have been advised of and
understand the potential risks, consequences, and benefits of providing Services using the
Platform.
3. Using the Platform
3.1 You will not:
(a) reproduce, modify, make derivative works of, reverse engineer, decompile, or
disassemble the Platform or materials found on the Platform,
(b) modify copyright or other proprietary rights of the Company or its licensors in
or accompanying the Platform,
(c) make the Platform available in any manner to any third party for use in the third
party’s business operations,
(d) access or use the Platform in order to build or support any products or services
competitive with the Platform, or
(e) inaccurately or falsely represent yourself to the Company.
3.2 We reserve exclusive rights to modify the features and functionality of the Platform as
determined solely by us and such modifications are subject to change or termination
without notice.
3.3 We have the absolute authority to cease referrals of Associates/ clients to you and to refer
Associates/ clients to other Service Providers, whether or not providing similar or like
Services, at any time in our sole discretion, without any liability to the Company.
3.4 We retain the absolute right to monitor all activity between you and Associates/ Clients if
deemed necessary.
3.5 You agree that you are neither our employee nor agent nor representative of the Company
and this Services Agreement does not create an employee/employer relationship between
you and the Company.
3.6 By agreeing to this Services Agreement you are also agreeing to the terms of the
Platform’s privacy policy available a the “Privacy Policy”. The Privacy Policy is
incorporated into and deemed a part of this Services Agreement. We reserve exclusive
rights to modify the Privacy Policy as determined solely by us and such modifications are
subject to change without notice.
4. Disclaimer and Limitation of Liability
4.1 The Company does not provide the Services itself. You are independent of the Company
and you may use the Platform to communicate with Associates and Participants. Any
information or advice you give to the Associates and Participants comes from you alone,
and not from the Company. While the Company may facilitate an Associate or
participant’s selection of, communications with and other interactions with you, the
Company does not provide the Services and the Service Provider relationship is between
you and the Associate/ Participant. You are an independent provider and you are not
employed by or affiliated with the Company.
4.2 You acknowledge and agree that the Platform is being provided for use “as is” and on an
“as available” basis without warranty of any kind, express, implied, or statutory, and
therefore you will not have any plea, claim, or demand towards us in relation to the
Platform’s systems, properties, limitations or compatibility with your needs. You shall
not have any plea, claim or demand against us in respect to any Services you decide to
provide to Associates/ Participants or in connection with the use of the Platform. To the
fullest extent of the laws of Hong Kong, we expressly disclaim all warranties of any kind,
whether expressed or implied.
4.3 Registration, providing Services and any use of the Platform is being made at your sole
and entire risk, without warranties by us, including but not limited to warranties of
merchantability, fitness for a particular purpose, non-infringement, compatibility,
security, or accuracy.
4.4 We do not guarantee any referrals of Associates or Participants and make no
representations regarding the volume or number of interactions you will have with
Associates and Participants.
4.5 We expressly disclaim all warranties for information posted or transmitted by the
Associates/ Participants.
4.6 You will bear all the risks associated with the uploading and transmitting of material and
utilizing the Platform including reliance on its accuracy, reliability, or legality.
4.7 We will not be deemed the provider or recipient of any Services acquired or made
available through the Platform. You provide Services at your sole and entire risk.
4.8 Under no circumstances shall we be liable to you or any third party for any indirect,
incidental, consequential, special, punitive or exemplary damages, including but not
limited to loss of business, revenue, profits, use, data, or other economic advantage.
4.9 You acknowledge and agree that we disclaim any liability in relation to any claim, suit or
action brought by an Associate/ Participant/ in connection with provision of any services
by you, including but not limited to representations by you as to your qualifications and
advice provided through the Platform.
4.10 You are in privity with and will be solely responsible for Services provided to any
Associate/Participant and any agreements you choose to make, directly or indirectly, with
an Associate/ Participant. We will not be responsible or liable in any way for any
agreement, directly or indirectly, made between yourself and an Associate/Participant or
for enforcing any such agreement, including but not limited to any agreements in relation
to usage of the Platform in any way other than offered and suggested as the Services on
the Platform. Any agreement you choose to engage in, directly or indirectly, with an
Associate/Participant is at your sole responsibility and entire risk.
4.11 You acknowledge that you will be solely responsible and liable for any injuries, losses or
damages to any Associate or participants to whom you provide Services and to any
Associate or participants who suffers injuries, losses or damages arising from or
connected to such Services that you provided to that Associate or participant. In the event
of a dispute regarding any interaction conducted through the Platform, you hereby release
us from all manner of actions, claims or demands, and from any and all losses (direct,
indirect, incidental, or consequential), damages, costs or expenses, including but not
limited to, court costs and attorney's fees, which you may have against one or more of the
above.
4.12 Our aggregate liability for damages arising with respect to this Services Agreement and
any and all use of the Platform will not exceed the total amount of money retained by us
from the Service Fees paid for Services provided by you using the Platform in the three
(3) months period prior to the date of the claim.
4.13 We explicitly disclaim any liability with respect to any claim, suit, or action made by an
Associate or participant arising out of or in connection with the Services. You agree to
indemnify, defend and hold us harmless with respect to any such claim.
4.14 If the applicable law does not allow the limitation of liability as set forth above, the
limitation will be deemed modified solely to the extent necessary to comply with
applicable law.
4.15 This section (limitation of liability) shall survive the termination of this Services
Agreement.
5. Service Provider’s Representations and Warranties
5.1 You hereby confirm that you are at least 18 years of age and that you are legally able to
enter into a contract.
5.2 You hereby represent, warrant, confirm and agree that all the information that you
provided in or through the Platform, and the information that you will provide in or
through the Platform in the future, is accurate, true, current, and complete. Furthermore,
you agree that during the term of this Services Agreement you will make sure to maintain
and update this information so it will continue to be accurate, current, and complete.
5.3 You will not provide any Services or advice to any Associate, directly or indirectly, ,
except on the Platform and pursuant to and under the terms of this Service Agreement,
either personally or through any other person, company, partnership, organization,
association or other entity.
5.4 You represent and warrant that you are qualified to enter into this Service Agreement and
provide the Services, in good standing in your relevant field, with valid required and
relevant licenses, permits, degrees and certifications, and abiding by and in compliance
with all relevant laws, rules, regulations and codes.
5.5 You represent and warrant that at all times you will provide correct and accurate
representation of your skills, degrees, qualifications, background and other information,
whether this information is provided to us, to the Associate and participants, and on any
form submitted to or presented on the Platform. The Company will not be liable for any
claims or losses from an Associate or any other individual derived from inaccurate or
fraudulent representation of your skills, degrees, qualifications, background and other
information.
5.6 You will maintain and update all such information throughout the term of this Services
Agreement to ensure it is true, accurate, current, and complete.
5.7 You will not mislead Associates/ Participants to believe that you can provide a service
which is outside your field of expertise and will not misrepresent yourself or create any
misleading name or listing.
5.8 It is at our discretion to verify or examine the truthfulness or accuracy of the details in
your personal profile, credentials, qualifications, or any of your postings or transmissions.
However, we may, in our absolute discretion, remove or refuse to post or transmit any
content uploaded by you that we deem inappropriate or in violation of this Services
Agreement. Notwithstanding the above, we reserve the right to remove any content for
any reason at our sole discretion.
5.9 You represent and warrant that you maintain and will continue to maintain adequate
insurance if such insurance is required by any applicable laws or regulations which apply
to the provision of services, including, but not limited to, applicable Service Provider
liability insurance.
6. Service Provider’s Conduct and Obligations
6.1 When using the Platform for the purposes of Services or using the Platform for a purpose
related to Services, you must exercise a reasonable standard of care, including
confidentiality obligations, at least equivalent to a traditional in-person interaction with
an Associate or participant as mandated by your profession and regulatory agencies.
6.2 You will not discuss the specifics and logistics of the Platform or your interactions within
the Platform, including, but not limited to, payment terms and mechanisms, without
express written approval from the Company.
6.3 In providing Services to and in any interaction with an Associate or participant, you shall
at all times, conduct yourself in a professional and pleasant manner.
6.4 You will not provide to Associates or participant any services which may not be lawfully
or ethically rendered or provided through the Platform according to applicable laws,
regulations and codes.
6.5 You may only use the Platform for the purpose of providing the Services, or any task
directly related to Services.
6.6 You agree to provide the Services and use the Platform as intended and not collect
additional fees from Associates or participants for services rendered except as set forth in
this Service Agreement.
6.7 You agree to indemnify, defend and hold the Company harmless against any and all
losses, damages, suits, judgments, costs and expenses (including litigation costs and
reasonable attorneys’ fees) arising out of or in connection with any claim, suit, action, or
other proceeding brought against the Company, to the extent that such claim, suit, action
or other proceeding is based on or arises from:
(a) the breach of any representation, warranty, covenant or agreement to be
performed by you under this Services Agreement;
(b) your provision of, or upon selection your failure to provide, the Services to any
Associate or participants, including but limited to any losses, injuries or
damages claimed or alleged by an Associate or participants related or in
connection with Services to be provided by you; and
(c) any materials that you have posted to or through the Platform and/or any content
exchanged between you and any Associate or participants.
(d) You are responsible to locate a replacement for your services if you are unable
to participate at the agreed time and You will settle all payments directly with
your substitute.
6.8 Commencing with the first Service provided to an Associate or participant and for a
period of three years thereafter, you will not:
(a) solicit or provide Services or advice to such Associate or participant, directly or
indirectly, except on the Platform and pursuant to and under the terms of this
Service Agreement, either personally or through any other person, company,
partnership, organization, association or other entity; and
(b) discuss Service Fees and charges with the Associate or Participant, directly or
indirectly.
This clause shall survive expiration or termination of this Services Agreement.
7. Service Provider Account
7.1 You agree, confirm and acknowledge that you are responsible for maintaining the
confidentiality of your password and any other security information related to your
account (collectively “Account Details”).
7.2 You agree to notify us immediately of any unauthorized use of your Account Details or
any other concern for breach of your account security.
7.3 You agree, confirm and acknowledge that we will not be liable for any loss or damage
incurred as a result of someone else using your account, either with or without your
consent and/or knowledge. Further, you agree that you are solely and fully liable and
responsible for all activities that are made by using your Account Details. You further
acknowledge and agree that we will hold you liable and responsible for any damage or
loss incurred as a result of the use of your Account Details by any person whether
authorized by you or not, and you agree to indemnify us for any such damage or loss.
7.4 You agree and commit not to use the account or Account Details of any other person for
any reason.
7.5 You attest that your use of the Platform, including the Services, are made directly by you
and except and disclosed and agreed to by the Company in writing that you are not using
neither the Platform nor the Services for or on behalf of any other person, company,
partnership, organization, association or other entity.
7.6 You agree and commit not to interfere with or disrupt or attempt to interfere with or
disrupt any of our systems, services, servers, networks or infrastructure, or any of the
Platform's systems, services, servers, networks or infrastructure.
7.7 You agree and commit not to make any use of the Platform for the posting, sending or
delivering of either of the following:
(a) unsolicited email and/or advertisement or promotion of goods and services;
(b) malicious software or code;
(c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene,
racist or potentially harmful content, including that sexual in nature;
(d) any content that infringes on a third party right or intellectual property;
(e) any content that may cause damage to a third party; and/or
(f) any content which may constitute, cause or encourage a criminal action or
violate any applicable law.
7.8 If you receive any file from us or from an Associate, whether through the Platform or not,
you agree to check and scan this file for any virus or malicious software prior to opening
or using this file.
7.9 You will indemnify us, defend us, and hold us harmless from and against any and all
claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not
limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or
relating to any of the following:
(a) your access to or use of the Platform;
(b) any actions made with your account or Account Details whether by you or by
someone else;
(c) your violation of any of the provisions of this Services Agreement; and/or
(d) your violation of any third party rights, including, without limitation, any
intellectual property rights, publicity, confidentiality, property or privacy right.
This clause shall survive expiration or termination of this Services Agreement.
8. Termination, modifications or disruptions to the Platform
8.1 We may modify, suspend or discontinue your access to the Platform, any part of the
Platform, or the use of the Platform, whether to all Associates or to you specifically, at
any time with or without notice to you in the case of a breach of this Services Agreement.
8.2 We may modify, suspend or discontinue your access to the Platform, any part of the
Platform, or the use of the Platform, whether to all Associates or to you specifically, with
thirty (30) days’ notice to you for termination of your services on the Platform.
8.3 You agree and acknowledge that we will not be liable for any of the aforementioned
actions or for any losses or damages that are caused by any of the aforementioned actions.
For the removal of any doubt, we may terminate or prevent your use of the Platform and
any services provided through the Platform (including but not limited to services) at our
sole discretion for any reason and for any period of time.
9. Services Fees
Service Fees are based on a percentage of the Services offered or based on separate
agreement between Sky Global & Associates Ltd and it’s Service Providers.
9.1 You will be paid for the provision of the Services to Associates as stated below:
(a) All payments of an Associate or participants for Services provided by you
(“Services Fees”) shall be made through the payment system set out on the
Platform website;
(b) A percentage of the Service Fees received by us from the Associate or
Participant shall be retained by the Company as an administrative fee ( the
“Administrative Fee”) in accordance with a fixed scale on the Service
Agreement;
(c) payment of the Services Fees less deduction of the Administrative Fee will be
made to you after Services are performed on or before the last business day of
each month for the previous month’s Service Fees paid and received by the
Company; and
(d) payments will be made to you via the payment method provided on the Platform.
9.2 Any payment disputes or claims should be submitted to us within thirty (30) days of
discovery of any mistake.
10. Communications between us
10.1 Any notice or other communication given to us under or in connection with this Services
Agreement or any aspect of the Platform, must be in writing and be delivered via email to
sky@skyglobal.associates.
10.2 We may provide notices or other communications to you regarding this Services
Agreement or any aspect of the Platform, via email to the email address that we have on
record or by posting it online.
11. General
11.1 Term and Termination. The term of this Services Agreement shall commence upon
signing of the Service Agreement and the setting up of your account on the Platform. This
Services Agreement may be terminated by us, in accordance with Clause 8, through
terminating your access to the Platform. You may also terminate this Services Agreement
by deleting your account by submitting a withdrawal request via email to
info@skyglobal.associates
11.2 Entire agreement. This Services Agreement is the entire agreement between you and us
in relation to its subject matter. You acknowledge that you have not relied on any
statement, promise or representation or assurance or warranty that is not set out in this
Services Agreement.
11.3 Language. This Services Agreement is made only in the English language. In the event
of any inconsistency between a translated version of this Services Agreement and the
English language version, the English language version shall prevail.
11.4 Assignment and transfer.
(a) We may assign or transfer our rights and obligations under this Services
Agreement to another entity but will always notify you in writing or by posting
on our webpage if this happens.
(b) You may not assign or transfer your rights or your obligations herein to another
person.
11.5 No partnership. Nothing in this Services Agreement shall be construed as making either
party a partner, joint venture, agent, legal representative, employer, or employee of the
other.
11.6 Variation. We may change this Services Agreement by posting modifications on the
Platform. Unless otherwise specified by us, all modifications shall be effective upon
posting. Therefore, you are encouraged to check the terms of this Services Agreement
frequently. By using the Platform after the changes become effective, you agree to be
bound by such changes to this Services Agreement. If you do not agree to the changes,
you must terminate access to the Platform and participation in its services.
11.7 Severance. Each paragraph of this Services Agreement operates separately. If any court
or relevant authority decides that any of them is unlawful or unenforceable, the remaining
paragraphs will remain in full force and effect.
11.8 Limitation of liability. To clear any doubt, all clauses regarding limitations of liability
and indemnification shall survive the termination or expiration of this Services
Agreement.
11.9 Third party rights. This Services Agreement is between you and us. Except as expressly
provided elsewhere in this Services Agreement, a person who is not a party to this
Services Agreement shall not have any rights under the Contracts (Rights of Third
Parties) Ordinance (Cap.623, Laws of Hong Kong) to enforce any term of this Services
Agreement.
11.10 Governing law and jurisdiction. This Services Agreement is governed by the laws of
Hong Kong and you and the Company each irrevocably agree to submit all disputes
arising out of or in connection with this Services Agreement to the exclusive jurisdiction
of the courts of Hong Kong, except that the Company at its election may submit a dispute
or bring a claim against you in a court on any other jurisdiction which has jurisdiction
over you.
